Hyundai Kia class action settlementKia Motors America Inc. has been hit with a class action lawsuit alleging the Korean automaker defrauded consumers by overstating the fuel efficiency of five of its top models.

Lead plaintiff Richard Woodruff alleges in the Kia class action lawsuit that the Kia Optima HEV, Rio, Sorento, Soul and Sportage experienced a surge in sales for their 2011 to 2013 models based on an “extensive and misleading” marketing campaign that promoted them as achieving class-leading gas mileage.

However, on November 2 the U.S. Environmental Protection Agency (EPA) revealed that Kia and its affiliate Hyundai Motor America had exaggerated car fuel economy estimates, and that most models actually received 1 to 2 miles per gallon less than advertised. The biggest discrepancy was with the Kia Soul, which actually received 6 mpg less than advertised. The debacle has been dubbed “MPG Gate” by the media.

“[Kia] inflated the results of mileage testing the company reported to the EPA and advertised that the affected vehicles achieved better fuel efficiency than actually achieved,” the Kia mpg class action lawsuit states. “This message was false and defendant failed to comply with EPA regulations which would have given consumers accurate information about the vehicles’ fuel efficiency.”

Hyundai has already been hit with a class action lawsuit over the fuel economy discrepancies, and a joint class action lawsuit was filed against Hyundai and Kia in November. Both companies have established a reimbursement program for current and former vehicle owners to cover the additional fuel costs that were incurred based on miles driven, plus an additional 15 percent of the reimbursement amount.

Hyundai and Kia customers with questions about the mileage reimbursement program can find answers at www.hyundaimpginfo.com and www.kiampginfo.com.

The Kia fuel economy class action lawsuit is brought on behalf of a proposed nationwide class of consumers that purchased a 2011-2012 Optima HEV, 2012-2013 Rio, 2012-2013 Sorento, 2012-2013 Soul (including the Eco) and the 2012-2013 Sportage. It is seeking restitution, disgorgement of profits, and damages for violation of California’s business code and false advertising law, fraud, negligent misrepresentation and deceit.

The Kia Fuel Economy Class Action Lawsuit case is Woodruff v. Kia Motors America Inc., Case No. 12-cv-06155, U.S. District Court for the Northern District of California. The plaintiff is represented by Deborah R. Rosenthal of Simmons Browder Gianaris Angelides & Barnerd LLC.

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63 Comments

  • Anonymous December 7, 2012

    Please sign me up for the KIA Lawsuit……
    417-861-4185

    • himat mehta January 12, 2014

      Thx for info. I called Ki & they sID-THEY DO NOT KNOW ABOUT LAWSUIT. tHEY SHOULD LETTER TO OWNERS.

  • Anonymous December 10, 2012

    I want in. 2012 KIA Sorento bought in Massachusetts last year. Traded in my Dodge Ram for freakin gas milage cuz I moved. They suck. I want in.

  • Anonymous December 11, 2012

    I live in Ohio and bought 2013 Rio and only averaging 19mpg in city. Does all buyers of the kias qualify for this lawsuit or do we need to seek counsel in ohio

    • june December 24, 2013

      i would like to get in on suite I never would have bought a kia if not for the gas milage

  • Philip Hoffmann January 8, 2013

    Purchased 2012 Kia Sorento and called directly to Kia motors and they said it was the way we drove the car .5 different people drove this and we all got under 20mpg on a 4 cylinder.

  • Philip Hoffmann January 8, 2013

    Bought Kia Sorento and is averaging 20mi a gal on a 4 cyl

  • Ralph Ledger January 10, 2013

    Is the mileage reimbursement transferrable to the next owner? I have a 2012 Soul which we bought new predicated on the mileage statement. It gets at least 6 MPG less. This would drastically reduce resale value.

    What about HP and torque claims? This is disturbing.

  • rose chervenak January 21, 2013

    my 2013 rio is terrible! is all people who bought the kias in on the class action suit or do we need to do separate

  • April January 25, 2013

    We have a 2009 KIA Sorento we get 15 to 16 MPG. The dealer stated it would get 23 to 28 MPG and when we called them a week later they told us we were adding it up wrong. We hate it and tell everyone it was the biggest mistake of our life!!!!

  • Antonio January 25, 2013

    I have a 2012 Soul eco and it is only getting 24-27mpg. I called Kia and they told me it was the way I was driving it and go to a website to see how to save fuel mileage. I checked Kelly blue book and it has already depreciated $5000 in 6 months. The only reason I bought this ugly car was for the fuel mileage. How do I get in on the lawsuit?

  • JanieReedy January 25, 2013

    I’m getting about 18 to 20 in town and only about 22 or 23 on the highway. I traded my Nissan Murano to save gas. Should have kept the Murano. I now have a 2011 Kia Sorento

  • Sherry Boothe January 28, 2013

    I know these cars are not listed but I bought 2 KIA Forte’s & they do not get the gas mileage they were supposed to get either. Any claims against this model of KIA?

  • ken February 3, 2013

    I drive 35,000 38,000 mile a yr. the only reason i bought the car was for the mileage. sticker said 35 miles PG.
    I am lucky to get 29. I do all highway miles.

  • Randy February 9, 2013

    Just bought a Forte 2013 and it does not get the gas mileage stated either. We were told that it could get 40 mpg, not even close !

  • Barbara Underwood February 9, 2013

    I do not get the mileage I should.
    Please sign me up.

  • Lennette February 11, 2013

    I’d like to know EXACTLY how they are calculating the rebate/refund amount I never get more than 23MPG on my Soul and the MPG estimator on the website said I would get $76. that in no way compensates me for the lost mileage per tank of gas or over the years period that they would pay for. They need to learn basic math. I’m so freakin’ angry and I’ll never be able to recover the value of the car.

  • Johnny February 11, 2013

    Why is the 2011 Kia Soul not included? It does not get the milage it showed on the sticker,it averages about 5 to 6 miles MPG below that .

  • Dale Langston February 19, 2013

    My fiancee and I own a 2010 Forte Koup. Why is this model not covered in the class action? The Koup does not receive anywhere near the advertised mileage.

  • William Banton February 21, 2013

    I have a 2013 Kia Sorento. I only get 9 to 15 mpg. in the city, and 19 to 23 mpg. on the highway with ECO on.

  • Marie February 26, 2013

    My 2011 Kia Forte is getting 6 to 7 miles below the mpg. Why is it not on the list. I was told to wait 5,000 miles to break the car before I would get the true mileage then I was told to wait 10,000. Will I’m at the 10,000 miles and I am still getting 6 to 7 miles below the mpg. Sign me up.

  • Ron Rawlinson March 1, 2013

    I have a 2010 Kia Soul!
    Sticker stated 31mpg hiway… best I ever get is 27mpg. How about including 2010′s in the lawsuit?

  • Charles Gulotta March 1, 2013

    We bought our 2011 Forte specifically because of the fuel economy claims. However, the gas mileage we were getting wasn’t even close — highway or city. I talked to our salesman several times and he told us the car needed “breaking in.” We’re now over 30,000 km and it’s never improved. Kia hasn’t answered my emails and calling them on the phone is just as frustrating. We feel cheated. We’d want to be part of a lawsuit, too, but doubt it will go anywhere. They’ve lost a good customer. This is our third Kia, and our last.

  • Lynn Davino March 11, 2013

    I want to sign up for the Kia Lawsuit.
    I purchased a 2013 Kia Soul and the sales man told me the 42mpg on the sticker was the low end depending on conditions I could get as much as 46. I am not coming anywhere close to this…I trusted the dealership and feel like they took advantage of me … How do I get involved in a class action suit against them…I am a disabled veterans widow who will never be able to afford to buy another car and I feel I should recieve compensation for being lied to…and not being able to make the best decision for an economical car I will have the rest of my life…I also purchased a warranty that covers my car bumper to bumper like the original 3 yr for the entire 10 yrs …I hope that was not a rip off too…I still have not received any paper work or warranty info yet and it has been 6 months since I purchased my car. Please email me the info for signing up for the lawsuit or call me at 407-600-8823. Thanks

  • Ken March 14, 2013

    I have a 2013 Soul and received the first reimbursement. I try to get information on the next one and was told I had to wait 3 months. I then contacted them again and was told the second phase will be implemented in the next 24 hours. That was on 2/17 I’m still being told they have not implemented the second phase. Makes you wonder if this is how they resolve this issue how will they stand behind there product for the warranty?

  • Eileen March 21, 2013

    Bought the Kia Sorento after 3 months of comparing others out there. The main reason we decided on the Kia was the gas millage. I have kept track from the first fill up and after 1 year, I average 20mpg. That would be 15 city, and 25 highway. On the sticker it said 22 mpg-32 mpg. I want them to buy my car back. I talked to the manufacturer and they will not do anything. They said they changed the milage to 21 now ( that is still false), and the counter in the car is also wrong. It always reads higher than what I really get.

  • Jennifer Hart March 26, 2013

    I would like the same as the information requested above. I was elgibile for the ” Kia Reimbursement Program.” please email me with additional information @ jennhart8888@hotmail.com

  • Eileen April 2, 2013

    I want to be included, I purchased this Sorento mainly for the gas milage. I average 20.5 miles per gallon in both city and highway. That means that I am getting 15 – 25 instead of the 22-32 that they stated. That is an average of 7 miles less each way or 1/3 less than I should be getting. I should get 1/2 my gas money back as I am only getting 2/3rds of the milage stated. They adjusted their figures by 1 mile., but that is still way off. I have written down every time I got gas, how many gallons and how many miles. I have receipts for all but 3 fill ups in the past year. Also the milage calculator in the car also is off it always says between 1 and 2 miles more per gallon than I am getting. You should all write it down and calculate. We should go after them for the calculator being off also. I am tired of trying to fight with them over this. I wanted them to buy my car back, but got no where. I hope you can help settle this and make them do the right thing. I will never buy from them again. I will continue to hold onto my reciepts, let me know if I can help build this case. Thank you.

  • Joe April 8, 2013

    I recently purchased a 2012 Kia Soul from a private owner. Expecting great gas mileage from it. How suprised was I when I saw this information about my new vehicle.

  • Garyn Hiscott April 16, 2013

    I have been looking for month’s now trying to get on the suit, but not making any progress. I am in fear that I wont be able to jump on this due to the Service Writer at the dealer saying he couldn’t submit my warranty claim until I filled out everything with the MPG Reimbursment. Something doesn’t sound right about that….?

  • Dawn May 10, 2013

    I have a manuel 2012 Soul. Sticker advised 32 to 42 mpg with 35 mpg average. I usually get 33 to 35 mpg. On one long trip recently I got 41 mpg. I LOVE my manuel Kia Soul and I have received my first reimbursement and just signed up for a 2nd. First car I ever owned which paid me to drive it. I think it is wonderful Kia made this offer. The ONLY people who will make out on class action lawsuit are the f_ _king lawyers. Don’t be so greedy people. Be happy you are getting a reimbursement if you signed up for it. A friend of mine just went thru a lemon law suit on a Dodge Charger. They won the suit. They got a lousy $2000.00. and still have to keep the car and the payments. The freaking lawyer got $2,500.00. Imagine that, the lawyer got more than the plantiff and the plantiff still has to keep the car and all future repairs (which don’t stay “repaired”!)
    Good luck everyone (except the f_ _king lawyers). No need to sign me up; I LOVE my Soul and I LOVE my mpg reimbursements!

  • scutter May 14, 2013

    Cannot understand why the 2011 Kia Soul is not included. We own 2 of these and both get at least 5 mpg less than the sticker indicated

  • J Fabiano June 22, 2013

    I agree with post as to why the 2011 Kia SOUL is not included as well? I am lucky if I get 25mpg – should’ve kept my Volvo Wagon that averaged slightly less & got rid of b/c I wanted a much MORE FUEL EFFICIENT CAR, WHICH THIS ABSOLUTELY IS NOT!!! Where’s the 30++mpg the 2011 Soul was reportedly supposed to get? … sickening what these companies get away with

  • Frank Poole August 12, 2013

    Bought a 2013 optima, actual gas millage compare to sticker a joke. The millage was the most important reason that I bought the car. Feel like I was lied to, I WAS. Salesman said he owned the exact same car and got 41 mpg on highway the best I ever got was 25.8.highway. Just as bad for the city numbers.Supose to be 24/28/34 and I get 22/24/25. Where do I sigh up? or would gladly have them buy back the car for what I paid and taxes. Have 750 miles on it as of today.

  • Frank Poole August 12, 2013

    Bought a 2013 optima, actual gas millage compare to sticker a joke. The millage was the most important reason that I bought the car. Feel like I was lied to, I WAS. Salesman said he owned the exact same car and got 41 mpg on highway the best I ever got was 25.8.highway. Just as bad for the city numbers.Supose to be 24/28/34 and I get 22/24/25. Where do I sigh up? or would gladly have them buy back the car for what I paid and taxes. Have 750 miles on it as of today.

  • Frank Poole August 12, 2013

    Bought a 2013 optima, actual gas millage compare to sticker a joke. The millage was the most important reason that I bought the car. Feel like I was lied to, I WAS. Salesman said he owned the exact same car and got 41 mpg on highway the best I ever got was 25.8.highway. Just as bad for the city numbers.Supose to be 24/28/34 and I get 22/24/25. Where do I sigh up? or would gladly have them buy back the car for what I paid and taxes. Have 750 miles on it as of today.

  • Ernest November 6, 2013

    I have a 2012 Kia Optima rated at 35 mpg highway and get 30.4 mpg driving 32 miles to work. I have a 2008 Toyota Avalon rated at 28 mpg highway that gets 33.2 mpg driving to work. The Toyota has a 3.5 v6 engine and beats Kia in mpg. Kia’s mpg rating is absurd. I was told that the warranty does not cover troubleshooting mpg problems.

  • Christy November 7, 2013

    I purchased the 2013 Optima for the sole purpose of the fuel economy. I had a 34 mile commute each way and never got better than 24.8 according to the gauge. When I drive around town, it gets 18 which is the same as my 2001 V6 Toyota 4Runner. While I love the features in my car, I hate that I didn’t save any money on my fuel expense each month. The company should be held accountable for these lies. Many Kia’s were sold specifically because of the gas mileage. Shame on Kia. I wish they would buy my car back. I don’t want it!

  • Mitch December 21, 2013

    Have 2012 Sorento getting 20 mpg if lucky want Power Kia of Salem Or to buy back the car don’t think that $67.00 a year covers the lose

  • Amanda Anderson December 23, 2013

    I have a 2012 Kia Soul. I purchased this not, so great looking vehicle because of “advertised” gas mileage. I received a fuel reimbursement check last year when I first learned about this. I knew something was wrong when I was not getting the advertised mpg. I wish I could return the vehicle but guess I am stuck with it now. I want to be included in on any suits so I can be somehow compensated.

  • Pamela Ishmael December 24, 2013

    2012 Sorento for gas mileage since I retired and needed to save money

  • Anselmo Lopez December 24, 2013

    Why didn’t I receive a letter? can you please e-mail me so information.

  • jennifer patton December 25, 2013

    Can I get some information about this lawsuit. I have a 2013 Kia

  • Dawn M December 25, 2013

    Why wasn’t the 2011 Kia Soul not included in this suit? Almost all my mileage is highway and the best I’ve ever gotten out of it was 29 mpg.

  • Dee December 30, 2013

    I have a Kia 2013 count me in as well it’s not fare and I want
    My money back A.S.-A.P

  • Jessica January 2, 2014

    I traded in my ford mustang that was paid off, for a 2012 Kia Forte. The saleswoman assured me that the savings in mpg alone would offset taking on another car payment each month. This was a blatant lie since I have kept up with all premium oil changes and maintenance work, yet get 29mpg highway and 22mpg city. Nowhere near the 34/25 advertised! How is it possible that this model was excluded from the class action when then mpg issue is the same as the included models? Was this model not tested and can anything be done about it?

  • gini burkhart January 2, 2014

    please keep me informed as to progress of reimbursement and details of what i should do

  • Gee January 4, 2014

    I have one better yet. I have a 2013 optima and it is reading 15 miles per gallon. This has happened within the last two weeks. I drive only 6 miles per day at an average speed of 30 mph. What’s going on? I’m driving a 4 banger not a V12.

  • James Anderson January 5, 2014

    Wife bought a 2011 Sorento and like all others the mileage doesn’t compare with the sticker mileage gpm.Is the 2011 Sorento to be included in this suit?

  • Tina Smilek January 7, 2014

    I just got a new kia soul Nov.30, 2013. My boyfriend and I took a trip to my mom,s house, and it was 120miles, and the gas suck,s, we used half of tank of gas going their. I want in on the lawsuit also. I TRADED 2004 pontiac Vibe which had better gas milage.

  • Sonya January 9, 2014

    does any one know when the date and month that this is for i purchased a kia soul 2013 in aug. of 2013 my stickers have the old mpg in stead of the new the kia dealer tells me that mine is up to date im not understanding why the up date is 25,30,mpg and my sticker says 27,35

  • Lisa Orner January 24, 2014

    Please let me know how to join the lawsuit. I purchased a 2013 Soul with the understanding of the great gas mileage. I put over $50.00 a week in to get back and forth on a 30 mile round trip per day. My 2008 Chevy Colbalt gets twice the mileage than my new Soul. I should have purchased a American made car, and I will from now on…..

  • Bo Oliver January 27, 2014

    HYUNDAI MOTOR FINANCE CHARGED WITH FRAUD IN BANKRUPTCY CASE
    LOS ANGELES “the class action case is proof that Hyundai admits debtor’s vehicle has lost value…. HMF states the value of the vehicle as $22,333. But the retail purchase agreement with WIN Hyundai Carson states the cash price of the vehicle as $17,886 as of August 3, 3012. Creditor HMF has not explained the discrepancy or why the information in its claim is false. 11 U.S.C. section 506 (a)…The proof of claim by HMF fails to alert the court that the debtor is entitled to reduce the claim simply by canceling the optional service plan and gap insurance. …That would bring the total value of the claim down by about $3,000. This concealment by HMF proves its claim is fraudulent. The claim should be disallowed in its entirety based on this concealment by HMF…There is no way I can go to work and pay for the car and pay for the bankruptcy payments if I am sitting in jail as a result of Hyundai Motor Finances’s gestapo tactics…Hyundai Motor Finance has presented a fraudulent claim. The attachment to their claim shows that the cash value of my vehicle at the time of purchase was about $17,800. That was about 2 years ago. But their actual claim states motor vehicle valued at over $22,000. This is a false and fraudulent statement as the value of the vehicle is less than $16,000…the Claim …presented is fraudulent and there has been a proven breach of performance against debtor and vehicle showing denial of service to debtor at an authorized dealer of his choosing, thus affecting the value of the vehicle herein.”

  • Bo Oliver January 27, 2014

    JUDGE GEORGE WU LOS ANGELES RECEIVES AMICUS BRIEF
    HYUNDAI KIA FUEL LITIGATION CLASS ACTION “Class member …. hereby submits for consideration the Amicus Brief in support of class action settlement of $10,000 [ten thousand dollars] minimum to each Hyundai and Kia class member. The class currently numbers over 500,000 persons. That Hyundai Motor America will cease to forward to dealer “L.A. Hyundai at LAX” any new Hyundai’s or Kia’s for sale due to the dealer’s denial of service to me; That Hyundai Motor America will close down the dealership “L.A. Hyundai at Lax”, Inglewood California due to its denial of service to me; That as part of the settlement agreement, any Hyundai or Kia dealer who refuses service to any registered Hyundai or Kia owner with a Hyundai or Kia vehicle under warranty, and any dealer who engages in retaliation against any registered Hyundai or Kia owner, shall not receive any cars for sale from HMA for the period of 6 months, for each separate occurrence.” Excerpts.

  • Estes February 3, 2014

    send me info to sign up for the suit. I hav e a beautiful white 2013 soul that gets 26=20 mpg. It’s horrible! I want my money back!

  • wanda w jones February 19, 2014

    Please send me information on how to sign up for the litigation action against Kia. I have a 2012 soul and it is a good day if I can get 23-24 mpg. This is the case with me driving slowly and not accelerating at stops.

  • Elisa Waxman February 20, 2014

    I bought a 2010 Kia Forte (SX), trading in a 1997 Honda Prelude. Sadly, this new car is getting the same gas mileage as my old Honda, with less power behind the wheel. I brought my car into the dealership 3 times complaining about the gas mileage, and they gave me every excuse in the book (ie, let it break in, cold weather, my driving, etc). I am getting only 28 mpg on the highway, and approximately 16 mpg in the city! (which is what is was getting from a 13 year old vehicle.) I regret trading my old car in for something that I thought would provide better fuel economy.

    I contacted Kia when the lawsuit information was released, but they insisted that there was no issue with the Forte estimates.

    I would love to have a separate lawsuit for those of us not covered in the older one. I’m annoyed at Kia, and will never purchase from them or Hyundai ever again!

  • Korbyn February 26, 2014

    Kia came out with a “revised” MPG rating for the Kia Optima Hybrid, it went from 4.9 to 5.1 L/100Km on the highway. The BEST I’ve ever done, and that was being very nice, locking cruise control, and resetting the button at highway speed, was 6.2. In the city, I’m lucky if I’m ever less than 7.0. I would call into question their whole Guinness record of 3.9, cause I’m calling BS, certainly not with a standard car off the lot. I don’t ever expect to get the “advertised” MPG, but I expect to be in the ball park. Basically they’re off by 10 MPG, and I never would have bought this car.

  • Paul March 7, 2014

    Please sign me up for lump sum settlement. I have a 20013 Kia Soul and would like to know how to receive my settlement money.

  • Karen Garrett March 28, 2014

    My husband 2002 v8 pickup truck gets better gas mileage than my 2012 Kia Sorento 4 cylinder, they sent me a $100 gas card, like that makes up for the money Im losing on gas. I buy a new car and keep it for 10 years so what about the rest of the miles I drive this car.

  • Tracey April 4, 2014

    Does anyone know the status of the lawsuit for the mileage? I traded my car in. The Optima’s MPG was so bad!

  • consumer advocate July 2, 2014

    I purchased a new 2012 Kia Soul in Nov of 2012. The salesman told me it was a 2013, that all new Kia’s automatically came with the advertised warranty which was 8 years/100,000miles bumper to bumper and that it got 40mpg. The fuel economy sticker was removed from the car before it was delivered to me. I later found out about the class action lawsuit and attempted to apply online. When I googled it, the sites provided were Kia sites and when I entered my information they told me my vehicle was not eligable. My vehicle should be eligable but I have been unable to get an application. I’m sure that many people would give up after being declared “ineligable” which means that Kia then keeps my portion of the class action funds allocated by law. My car was also missing the spare tire, which was promised to me but never delivered. I sent my neighbor in as she needed a new car and was promised a $200.00 referral fee, which sales refused to give me. They said I could take it off my next service appt. but I have a bumper to bumper warranty and free svc plan. When i confronted the sales manager about these issues, he called the police and made false accusations about me in an effort to get rid of me. I do have one positive thing to say about Kia though, the service department is excellent, they did all that they could do to accomadate me and make up for the lies that the sales dep’t told. They went out of their way to make up for the losses I suffered. They gave me the touch up paint that was promised and allowed me to use the promised referral fee to buy a tire and replace a mirror, items that were not covered on my bumper to bumper warranty. I am very grateful to the service dep’t for their efforts to do the right thing, even though all of the issues were caused by the sales dep’t. Now I am recieving notices stating that my warranty is expiring and asking for money to purchase a service plan. Once again the sales dep’t has screwed me over. The only reason I bought this car was because of the excellent bumper to bumper warranty. I’m no where near 8 years or 100,000 miles so here we go again. Any advice would be appreciated as I really don’t know what to do.

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